Supreme Court of Louisiana, 1995

State ex rel. Rushing v. Whitley

Supreme Court of Louisiana · Decided November 13, 1995

662 So. 2d 464; 1995 La. LEXIS 2813; 1995 WL 672773 (Southern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

State v. Nixon (La. Ct. App. 2018)
State v. Hall (La. Ct. App. 2017)
State of Louisiana v. Ernest Carter, Jr. (La. Ct. App. 2017)
State v. Mead (La. Ct. App. 2015)
State v. Brumfield (La. 2014)
State v. Littleton (La. Ct. App. 2008)
State ex rel. Frazier v. State (La. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re Rushing, David; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of St. Tammany, 22nd Judicial District Court, Div. “E”, No. 109,263; to the Court of Appeal, First Circuit, No. KW-931093.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. Resentencing alone does not restart the three-year time period for applying for post conviction relief. Cf. State ex rel. Campbell v. Whitley, 93-0677 (La. 10/27/95), 661 So.2d 1367 (out-of-time appeal does restart three-year period).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.